(1) Schedule 4 to the Safeguarding Vulnerable Groups Act 2006 (regulated activity) is amended as follows.
(2) In paragraph 1 omit—
(a) in sub-paragraph (2A)(b), the words “(disregarding paragraph 2(3A) and (3B)(b))”;
(b) in sub-paragraph (2B)—
(i) in paragraph (a)(ii), the words “(disregarding paragraph 2(3A) and (3B)(b))”;
(ii) paragraph (b) and the “or” immediately before it;
(c) sub-paragraph (2C);
(d) sub-paragraph (15).
(3) In paragraph 2 omit—
(a) sub-paragraph (3A);
(b) in sub-paragraph (3B), paragraph (b) and the “and” immediately before it;
(c) sub-paragraph (3C).
(4) Omit paragraph 5A and the italic heading before it.
(1) Schedule 2 to the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (S.I. 2007/1351 (N.I. 11)) (regulated activity) is amended as follows.
(2) In paragraph 1 omit—
(a) in sub-paragraph (2A)(b), the words “(disregarding paragraph 2(3A) and (3B)(b))”;
(b) in sub-paragraph (2B)—
(i) in paragraph (a)(ii), the words “(disregarding paragraph 2(3A) and (3B)(b))”;
(ii) paragraph (b) and the “or” immediately before it;
(c) sub-paragraph (2C);
(d) sub-paragraph (13).
(3) In paragraph 2 omit—
(a) sub-paragraph (3A);
(b) in sub-paragraph (3B), paragraph (b) and the “and” immediately before it;
(c) sub-paragraph (3C).
(4) Omit paragraph 5A and the italic heading before it.
(1) A person who possesses a SIM farm commits an offence.
For the meaning of “SIM farm”, see section 153.
(2) It is a defence for a person charged with an offence under this section to prove that the person had a good reason or lawful authority for possessing the SIM farm.
(3) In subsection (2) the reference to a good reason for possessing a SIM farm includes in particular possessing it for a purpose connected with—
(a) providing broadcasting services,
(b) operating or maintaining a public transport service,
(c) operating or maintaining an electronic communications network (as defined by section 32 of the Communications Act 2003), or
(d) tracking freight or monitoring it in any other way.
This subsection does not limit subsection (2).
(4) For the purposes of subsection (2), where a person possesses a SIM farm in order to supply it to another, the person has a good reason for possessing it only if any supply would be in accordance with section 152(2)(a) to (c).
(5) A person who commits an offence under this section is liable—
(a) on summary conviction in England and Wales, to a fine;
(b) on summary conviction in Scotland or Northern Ireland, to a fine not exceeding level 5 on the standard scale.
(1) A person who supplies a SIM farm to another person commits an offence.
(2) It is a defence for a person charged with an offence under this section (“the supplier”) to prove—
(a) that—
(i) the supply was made in the course of a business carried on by the supplier, or
(ii) the supplier had a good reason or lawful authority for possessing the SIM farm (before the supply was made),
(b) that, before the supply was made, the supplier took reasonable steps to satisfy themselves that the person to whom the SIM farm was to be supplied would have a good reason or lawful authority for possessing it, and
(c) that, before the supply was made, the supplier made a record of the specified information relating to the supply.
(3) In subsection (2)(a)(ii) the reference to a good reason or lawful authority for possessing the SIM farm does not include possessing it for the purpose of supplying it to another.
(4) In subsection (2)(c) “the specified information” relating to the supply of a SIM farm to a person (“the recipient”) means—
(a) the date of the supply;
(b) a description of the SIM farm;
(c) the name of the recipient and, where the recipient is not an individual, any company number or other registered number;
(d) the address of the recipient and, where the recipient is not an individual, the address of any registered office;
(e) a description of the steps taken by the supplier to satisfy themselves that the recipient would have a good reason or lawful authority for possessing the SIM farm.
(5) A person who commits an offence under this section is liable—
(a) on summary conviction in England and Wales, to a fine;
(b) on summary conviction in Scotland or Northern Ireland, to a fine not exceeding level 5 on the standard scale.
153 Sections 151 and 152: meaning of “SIM farm” etc
(1) In sections 151 and 152, “SIM farm” means—
(a) a device which is capable of using five or more SIM cards simultaneously or interchangeably, for a purpose mentioned in subsection (2), or
(b) an article specified in regulations made by the Secretary of State.
(2) The purposes are—
(a) making telephone calls to persons at telephone numbers allocated in accordance with national or international numbering plans, or
(b) sending messages to, or receiving messages from, such telephone numbers.
(3) “SIM card” means—
(a) a removable physical subscriber identity module, or
(b) an article specified in regulations made by the Secretary of State.
(4) A SIM card is “used” for the purpose of making a telephone call, or sending or receiving a message, if the SIM card enables the service by which the call or message is conveyed to be accessed.
(5) Regulations under subsection (1) may specify only articles which the Secretary of State considers are capable of being used for a purpose mentioned in subsection (2) in a way which is a similar to a device within subsection (1)(a).
(6) Regulations under subsection (3) may specify only articles which the Secretary of State considers have a similar function to removable physical subscriber identity modules.
(7) “Article” includes information in electronic form.
(8) Before making regulations under this section, the Secretary of State must consult such persons appearing to the Secretary of State to be likely to be affected by the regulations as the Secretary of State considers appropriate.
(9) Schedule 16 confers powers of entry etc in relation to offences under sections 151 and 152 and related inchoate offences.
(1) A person who possesses a specified article commits an offence.
“Specified article” means an article specified in regulations under section 156.
(2) It is a defence for a person charged with an offence under this section to prove that the person had a good reason or lawful authority for possessing the specified article.
(3) For the purposes of subsection (2), where a person possesses a specified article in order to supply it to another, the person has a good reason for possessing it only if any supply would be in accordance with section 155(2)(a) to (c).
(4) A person who commits an offence under this section is liable—
(a) on summary conviction in England and Wales, to a fine;
(b) on summary conviction in Scotland or Northern Ireland, to a fine not exceeding level 5 on the standard scale.
(1) A person who supplies a specified article to another person commits an offence.
“Specified article” means an article specified in regulations under section 156.
(2) It is a defence for a person charged with an offence under this section (“the supplier”) to prove—
(a) that—
(i) the supply was made in the course of a business carried on by the supplier, or
(ii) the supplier had a good reason or lawful authority for possessing the specified article (before the supply was made),
(b) that, before the supply was made, the supplier took reasonable steps to satisfy themselves that the person to whom the specified article was to be supplied would have a good reason or lawful authority for possessing it, and
(c) that, before the supply was made, the supplier made a record of the specified information relating to the supply.
(3) In subsection (2)(a)(ii) the reference to a good reason or lawful authority for possessing the specified article does not include possessing it for the purpose of supplying it to another.
(4) In subsection (2)(c) “the specified information” relating to the supply of a specified article to a person (“the recipient”) means—
(a) the date of the supply;
(b) a description of the specified article;
(c) the name of the recipient and, where the recipient is not an individual, any company number or other registered number;
(d) the address of the recipient and, where the recipient is not an individual, the address of any registered office;
(e) a description of the steps taken by the supplier to satisfy themselves that the recipient would have a good reason or lawful authority for possessing the specified article.
(5) A person who commits an offence under this section is liable—
(a) on summary conviction in England and Wales, to a fine;
(b) on summary conviction in Scotland or Northern Ireland, to a fine not exceeding level 5 on the standard scale.
156 Sections 154 and 155: specified articles and supplementary provision
(1) The Secretary of State may by regulations specify articles for the purposes of sections 154 and 155.
(2) An article may be specified only if the Secretary of State considers that it is made or adapted for use in perpetrating fraud by means of—
(a) an electronic communications network, or
(b) an electronic communications service.
(3) Before making regulations under this section, the Secretary of State must consult such persons appearing to the Secretary of State to be likely to be affected by the regulations as the Secretary of State considers appropriate.
(4) Schedule 16 confers powers of entry etc in relation to offences under sections 154 and 155 and related inchoate offences.
(5) In this section—
“article” includes information in electronic form;
“electronic communications network” and “electronic communications service” have the meaning given by section 32 of the Communications Act 2003.
(1) A person commits an offence if the person is—
(a) in a public place that is in a locality designated under section 158, and
(b) wearing or otherwise using an item that conceals their identity or another person’s identity.
(2) It is a defence for a person charged with an offence under this section to prove that they wore or otherwise used the item for—
(a) a purpose relating to the health of the person or others,
(b) the purposes of religious observance, or
(c) a purpose relating to the person’s work.
(3) Where the conduct described in subsection (1) takes place during the initial period specified under section 158(1), a person commits the offence under this section only if section 158(2) has been complied with in relation to the designation.
(4) Where the conduct described in subsection (1) takes place during a further period directed under section 158(3), a person commits the offence under this section only if section 158(4) has been complied with in relation to the designation.
(5) A person who commits an offence under this section is liable on summary conviction to imprisonment for a term not exceeding one month or a fine not exceeding level 3 on the standard scale (or both).
158 Concealing identity at protests: designating localities and giving notice
(1) A constable whose rank is at least that of inspector may designate a locality in England or Wales that is in their police area for a specified period not exceeding 24 hours if they reasonably believe that—
(a) a public assembly, or public procession, which constitutes a protest may take place or is taking place in the locality,
(b) the protest is likely to involve or has involved the commission of offences, and
(c) it is expedient, in order to prevent or limit the commission of offences, to designate the locality under this section.
(2) A constable who designates a locality under this section must ensure that all reasonable steps are taken (by the constable or another person) to notify the public of—
(a) the fact that the designation has been made,
(b) the nature of the offence created by section 157,
(c) the locality to which the designation applies, and
(d) the period during which the designation will be in force.
(3) A constable whose rank is at least that of superintendent may direct that a designation under this section is to continue in force for a further 24 hours if it appears expedient to do so, having regard to offences which—
(a) have been committed in connection with the protest in respect of which the designation was made, or
(b) are reasonably suspected to have been so committed.
(4) A constable who directs that a designation under this section is to continue in force must ensure that all reasonable steps are taken (by the constable or another person) to notify the public of—
(a) the fact that the designation will continue in force, and
(b) the matters set out in paragraphs (b), (c) and (d) of subsection (2).
(5) The reference to a “police area” in subsection (1), so far as it relates to a designation of a locality by—
(a) a member of the British Transport Police Force, has effect as if that reference were a reference to a place within section 31(1)(a) to (f) of the Railways and Transport Safety Act 2003;
(b) a member of the Ministry of Defence Police, has effect as if that reference were a reference to a place to which section 2(2) of the Ministry of Defence Police Act 1987 applies.
(6) This section does not limit any other power of a constable; and, in particular, it does not affect when an authorisation under section 60AA of the Criminal Justice and Public Order Act 1994 (powers to require removal of disguises) may be given.
159 Concealing identity at protests: procedure for designations etc
(1) A constable—
(a) whose rank is that of inspector, and
(b) who designates a locality under section 158,
must ensure that a constable whose rank is at least that of superintendent is informed (by the inspector or another person) of the designation as soon as reasonably practicable.
(2) A designation under section 158—
(a) must be in writing and signed by the constable who made it, and
(b) must specify—
(i) the grounds on which it is made,
(ii) the locality to which it applies, and
(iii) the period during which it will be in force.
(3) Where it is not reasonably practicable for a designation under section 158 to be made in writing, an oral designation may be made instead provided—
(a) the constable making it states the matters which would otherwise have to be specified under subsection (2), and
(b) the designation is recorded in writing as soon as reasonably practicable.
(4) A direction under section 158(3) must be given in writing or, where that is not reasonably practicable, recorded in writing as soon as reasonably practicable.
160 Possession of pyrotechnic articles at protests
(1) It is an offence for a person to have a pyrotechnic article in their possession at any time when they are taking part in—
(a) a public procession which constitutes a protest,
(b) a public assembly which constitutes a protest, or
(c) a one-person protest.
(2) But no offence is committed if the person is taking part in a cultural or religious event of a kind at which pyrotechnic articles are customarily used.
(3) It is a defence for a person charged with an offence under this section to show that they had a reasonable excuse for having the pyrotechnic article in their possession at the material time.
(4) In particular, it is a defence for a person charged with an offence under this section to show that they had the pyrotechnic article in their possession at the material time for use in connection with work.
(5) A person is taken to have shown the fact mentioned in subsection (3) or (4) if—
(a) sufficient evidence of the fact is adduced to raise an issue with respect to it, and
(b) the contrary is not proved beyond reasonable doubt.
(6) A person who commits an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(7) In this section “pyrotechnic article” means an article that contains explosive substances, or an explosive mixture of substances, designed to produce heat, light, sound, gas or smoke, or a combination of such effects, through self-sustained exothermic chemical reactions, other than—
(a) a match, or
(b) an article specified, or of a description specified, in regulations made by the Secretary of State.
(1) A person who climbs on a specified memorial commits an offence.
(2) It is a defence for a person charged with an offence under this section to prove that they—
(a) had a good reason for climbing on the specified memorial,
(b) were the owner or occupier of the specified memorial, or
(c) had the consent of the owner or occupier of the specified memorial, or other lawful authority, to climb on it.
(3) In this section “specified memorial” means—
(a) a war memorial specified in Part 1 of Schedule 17,
(b) a part of a war memorial specified in Part 2 of Schedule 17, or
(c) a memorial or a part of a memorial specified in Part 3 of Schedule 17.
(4) The Secretary of State may by regulations amend Schedule 17.
(5) The Secretary of State may make regulations adding a memorial, or a part of a memorial, to Schedule 17 only if the Secretary of State considers that there is a significant public interest in it being a specified memorial for the purposes of this section.
(6) A person who commits an offence under this section is liable on summary conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding level 3 on the standard scale (or both).
(7) In this section “memorial” means a building or other structure, or any other thing, erected or installed on land (or in or on any building or other structure on land) which has a commemorative purpose.
(8) Something has a commemorative purpose if at least one of its purposes is to commemorate—
(a) one or more individuals or animals, or a description of individuals or animals (whether living or dead and whether or not capable of being identified), or
(b) an event or series of events (such as an armed conflict).
(9) In subsection (7) references to a building or structure include part of a building or structure.
(1) A person (“P”) commits an offence if—
(a) P (alone or with other persons) carries on a protest outside, or in the vicinity of, premises that are used by a public office-holder as a dwelling,
(b) P carries on the protest for the purpose of representing to, or persuading, the public office-holder that they—
(i) should or should not do something, or
(ii) should or should not have done something, and
(c) P carries on the protest because of, or in connection with, the public officer-holder being a public officer-holder.
(2) Subsection (1) does not apply to premises that are an official residence.
(3) It is a defence for a person charged with an offence under this section to show that they did not know the premises were used by the public office-holder as a dwelling.
(4) A person is to be taken to have shown the matter referred to in subsection (3) if—
(a) sufficient evidence is adduced to raise an issue with respect to it, and
(b) the contrary is not proved beyond reasonable doubt.
(5) A person who commits an offence under this section is liable on summary conviction to imprisonment for a term not exceeding the maximum term for summary offences or a fine not exceeding level 4 on the standard scale (or both).
(6) In subsection (5) “the maximum term for summary offences” means—
(a) if the offence is committed before the time when section 281(5) of the Criminal Justice Act 2003 comes into force, six months;
(b) if the offence is committed after that time, 51 weeks.
(7) The following definitions apply for the purposes of this section.
(8) “Public office-holder” means—
(a) a Minister of the Crown (within the meaning of the Ministers of the Crown Act 1975);
(b) any of the Welsh Ministers;
(c) any of the Deputy Welsh Ministers (within the meaning of the Government of Wales Act 2006);
(d) the Counsel General to the Welsh Government;
(e) a member of the House of Lords;
(f) a member of the House of Commons;
(g) a member of Senedd Cymru;
(h) a member of a local authority;
(i) an elected mayor of a local authority within the meaning given by section 9H (elected mayors: England) or section 39(4) (elected mayors: Wales) of the Local Government Act 2000;
(j) a mayor for the area of a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009;
(k) a mayor for the area of a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023;
(l) the Mayor of London or an elected member of the London Assembly;
(m) a police and crime commissioner;
(n) a candidate at an election for an office mentioned in any of paragraphs (f) to (m).
(9) “Local authority” means—
(a) in England—
(i) a county council;
(ii) a district council;
(iii) a London borough council;
(iv) a parish council;
(v) the Common Council of the City of London;
(vi) the Council of the Isles of Scilly;
(b) in Wales—
(i) a county council;
(ii) a county borough council;
(iii) a community council.
(10) “Dwelling” has the meaning given by section 8 of the Public Order Act 1986.
(11) “Official residence” means—
(a) 10, 11 and 12 Downing Street, London;
(b) Admiralty House, Whitehall, London;
(c) 1 Carlton Gardens, London;
(d) the Palace of Westminster, London;
(e) Chequers, Missenden Road, Aylesbury, Buckinghamshire;
(f) Dorneywood, Dorneywood Road, Burnham, Buckinghamshire;
(g) Chevening House, Chevening, Sevenoaks, Kent.
In this Chapter—
“one-person protest” has the meaning given by section 14ZA(4) of the Public Order Act 1986;
“public assembly” has the meaning given by section 16 of that Act;
“public place” has the meaning given by that section;
“public procession” has the meaning given by that section.
(1) The Public Order Act 1986 is amended as follows.
(2) In section 12(1) (imposing conditions on public processions)—
(a) at the end of paragraph (ab) omit “or”;
(b) at the end of paragraph (b) insert
or
(c) in the case of a procession in England and Wales, the procession is in the vicinity of a place of worship and may intimidate persons of reasonable firmness with the result that those persons are deterred from—
(i) accessing that place of worship for the purpose of carrying out religious activities, or
(ii) carrying out religious activities at that place of worship,
.
(3) In section 14(1) (imposing conditions on public assemblies)—
(a) at the end of paragraph (ab) omit “or”;
(b) at the end of paragraph (b) insert
or
(c) in the case of an assembly in England and Wales, the assembly is in the vicinity of a place of worship and may intimidate persons of reasonable firmness with the result that those persons are deterred from—
(i) accessing that place of worship for the purpose of carrying out religious activities, or
(ii) carrying out religious activities at that place of worship.
(4) In section 14ZA(1) (imposing conditions on one-person protests)—
(a) at the end of paragraph (a) omit “or”;
(b) at the end of paragraph (b) insert
or
(c) the protest is in the vicinity of a place of worship and may intimidate persons of reasonable firmness with the result that those persons are deterred from—
(i) accessing that place of worship for the purpose of carrying out religious activities, or
(ii) carrying out religious activities at that place of worship.
165 Public processions and assemblies: duty to take account of cumulative disruption
(1) The Public Order Act 1986 is amended as follows.
(2) In section 12 (power to impose conditions on public processions), after subsection (2B) insert—
(2BA) In considering for the purposes of subsection (1)(a) whether a public procession in England and Wales may result in serious disruption to the life of the community, a senior police officer must take into account any relevant cumulative disruption.
(2BB) In subsection (2BA) “relevant cumulative disruption” means the cumulative disruption to the life of the community resulting from—
(a) the procession,
(b) any other public procession in England and Wales that was held, is being held or is intended to be held in the same area as the area in which the procession mentioned in paragraph (a) is being held or is intended to be held (whether or not directions have been given under subsection (1) in relation to that other procession), and
(c) any public assembly in England and Wales that was held, is being held or is intended to be held in the same area as the area in which the procession mentioned in paragraph (a) is being held or is intended to be held (whether or not directions have been given under section 14(1A) in relation to that assembly),
and it does not matter whether or not the procession mentioned in paragraph (a) and any procession or assembly within paragraph (b) or (c) are organised by the same person, are attended by any of the same persons or are held or are intended to be held at the same time.
(2BC) In subsection (2BB) “area”, in relation to a public procession or public assembly, means such area as the senior police officer considers appropriate, having regard to the nature and extent of the disruption that may result from the procession or assembly.
(3) In section 14 (power to impose conditions on public assemblies) after subsection (2B) insert—
(2BA) In considering for the purposes of subsection (1)(a) whether a public assembly in England and Wales may result in serious disruption to the life of the community, a senior police officer must take into account any relevant cumulative disruption.
(2BB) In subsection (2BA) “relevant cumulative disruption” means the cumulative disruption to the life of the community resulting from—
(a) the assembly,
(b) any other public assembly in England and Wales that was held, is being held or is intended to be held in the same area as the area in which the assembly mentioned in paragraph (a) is being held or is intended to be held (whether or not directions have been given under subsection (1A) in relation to that other assembly), and
(c) any public procession in England and Wales that was held, is being held or is intended to be held in the same area as the area in which the assembly mentioned in paragraph (a) is being held or is intended to be held (whether or not directions have been given under section 12(1) in relation to that procession),
and it does not matter whether or not the assembly mentioned in paragraph (a) and any assembly or procession within paragraph (b) or (c) are organised by the same person, are attended by any of the same persons or are held or are intended to be held at the same time.
(2BC) In subsection (2BB) “area”, in relation to a public assembly or public procession, means such area as the senior police officer considers appropriate, having regard to the nature and extent of the disruption that may result from the assembly or procession.
166 Powers of senior officers to impose conditions on protests
(1) The Public Order Act 1986 is amended as follows.
(2) In section 12 (imposing conditions on public processions)—
(a) in subsection (1), for “the”, in the first place it occurs, substitute “a”;
(b) in subsection (2)—
(i) in the words before paragraph (a) omit “the”;
(ii) in paragraph (a) for the words from “, the most” to the end substitute
—
(i) the most senior in rank of the police officers present at the scene, or
(ii) in the case of a procession in England and Wales, a police officer authorised by a chief officer of police for the purposes of this subsection, and
.
(3) In section 14 (imposing conditions on public assemblies)—
(a) in subsection (1), for “the”, in the first place it occurs, substitute “a”;
(b) in subsection (2)—
(i) in the words before paragraph (a) omit “the”;
(ii) in paragraph (a) for the words from “, the most” to the end substitute
—
(i) the most senior in rank of the police officers present at the scene, or
(ii) in the case of an assembly in England and Wales, a police officer authorised by a chief officer of police for the purposes of this subsection, and
;
(c) in subsection (2ZB), for “reference in subsection (2)(b) to a chief officer of police includes”, substitute “references in subsection (2) to a chief officer of police include”.
167 Amendments relating to British Transport Police and Ministry of Defence Police
(1) The Public Order Act 1986 is amended in accordance with subsections (2) and (3).
(2) In section 14A(9) (prohibiting trespassory assemblies), in the definition of “land”, after ““land”” insert “, except in subsections (4A) to (4C) of this section,”.
(3) In section 16 (interpretation), in the definition of “public assembly”, for the words from “wholly” to the end substitute
—
(a) wholly or partly open to the air, or
(b) within any of paragraphs (a) to (f) of section 31(1) of the Railways and Transport Safety Act 2003;
.
(4) The Criminal Justice and Public Order Act 1994 is amended in accordance with subsections (5) and (6).
(5) In section 60 (powers to stop and search in anticipation of or after violence), after subsection (9A) insert—
(9B) So far as they relate to an authorisation by a member of the Ministry of Defence Police—
(a) subsections (1) and (9) have effect as if the references to a locality in a police area were references to a place in England and Wales among those specified in section 2(2) of the Ministry of Defence Police Act 1987, and
(b) subsection (1)(aa)(i) has effect as if the reference to a police area were a reference to the places in England and Wales specified in section 2(2) of the Ministry of Defence Police Act 1987.
(6) In section 60AA (powers to require removal of disguises)—
(a) for subsection (8) substitute—
(8) So far as subsections (1), (3) and (6) relate to an authorisation by a member of the British Transport Police Force, those subsections have effect as if the references to a locality or a locality in a police area were references to a place in England and Wales among those specified in section 31(1)(a) to (f) of the Railways and Transport Safety Act 2003.
(8A) So far as subsections (1), (3) and (6) relate to an authorisation by a member of the Ministry of Defence Police, those subsections have effect as if the references to a locality or a locality in a police area were references to a place in England and Wales among those specified in section 2(2) of the Ministry of Defence Police Act 1987.
;
(b) in subsection (9) omit “and “policed premises” each”.
168 Return to unauthorised encampments: prohibited period
(1) The Criminal Justice and Public Order Act 1994 is amended as follows.
(2) In section 60C(3) (offence relating to residing on land without consent in or with a vehicle) for “12” substitute “three”.
(3) In section 61 (power to remove trespassers on land)—
(a) in subsection (4)(b) for “prohibited period” substitute “period of three months beginning with the day on which the direction was given”;
(b) omit subsection (4ZA).
(4) In section 62 (supplementary powers of seizure)—
(a) in subsection (1)(b) for “prohibited period” substitute “period of three months beginning with the day on which the direction was given”;
(b) omit subsection (1A).
(5) In section 62B(2) (failure to comply with direction under section 62A: offences) for “twelve” substitute “three”.
(6) In section 62C(2) (failure to comply with direction under section 62A: seizure) for “twelve” substitute “three”.
(1) The Criminal Justice and Police Act 2001 is amended as follows.
(2) In section 42 (police directions stopping harassment etc of a person in their home), in subsection (1)(b)—
(a) omit the “or” at the end of sub-paragraph (i);
(b) after sub-paragraph (ii) insert—
(iii) that they should not have done something they were entitled or required to do; or
(iv) that they should have done something they were not under any obligation to do;
.
(3) In section 42A (offence of harassment etc of a person in their home), in subsection (1)(b)—
(a) omit the “or” at the end of sub-paragraph (i);
(b) after sub-paragraph (ii) insert—
(iii) that they should not have done something they were entitled or required to do; or
(iv) that they should have done something they were not under any obligation to do;
.
(1) This section applies where—
(a) information has been extracted under the power conferred by virtue of section 173(1), and
(b) it appears to any person accessing the information as a result of the exercise of that power that the information is, or contains, confidential information.
(2) Subject to subsections (3) and (7), as soon as reasonably practicable after accessing the confidential information, the person must ensure that—
(a) the information is made inaccessible, or
(b) where the extraction involved a copy being made of the confidential information, the copy is destroyed.
(3) The duty in subsection (2) does not apply if—
(a) the confidential information is comprised in other information which is not confidential information, and
(b) it is not reasonably practicable for the confidential information to be separated from that other information without prejudicing its use in relation to a reasonable line of enquiry of the kind mentioned in section 173(2)(a).
(4) Where the duty in subsection (2) is so disapplied, the person accessing the confidential information must ensure that it is not—
(a) examined or copied, or
(b) put to any use other than as mentioned in subsection (3)(b).
(5) In this section “confidential information” means information which constitutes or may constitute—
(a) confidential journalistic material within the meaning of the Investigatory Powers Act 2016 (see section 264(6) and (7) of that Act), or
(b) protected material.
(6) In this section “protected material” means—
(a) so far as this section applies to England and Wales—
(i) items subject to legal privilege, within the meaning of the Police and Criminal Evidence Act 1984 (see section 10 of that Act);
(ii) excluded material within the meaning of that Act (see section 11 of that Act);
(iii) special procedure material within the meaning of that Act (see section 14 of that Act);
(b) so far as this section applies to Scotland—
(i) items in respect of which a claim to confidentiality of communications could be maintained in legal proceedings;
(ii) other material of a kind mentioned in paragraph (a)(ii) or (iii) of this subsection;
(c) so far as this section applies to Northern Ireland—
(i) items subject to legal privilege within the meaning of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)) (see Article 12 of that Order);
(ii) excluded material within the meaning of that Order (see Article 13 of that Order);
(iii) special procedure material within the meaning of that Order (see Article 16 of that Order).
(7) The Secretary of State may by regulations provide for circumstances in which the duty in subsection (2) does not apply in relation to protected material of the kind mentioned in subsection (6)(a)(ii) and (iii), (b)(ii), and (c)(ii) and (iii).
(1) The Secretary of State must prepare a code of practice about—
(a) the exercise of the power to give an authorisation under section 173(1), and
(b) the exercise of the powers conferred by such an authorisation.
(2) The code may make different provision for different purposes or areas.
(3) In preparing the code, the Secretary of State must consult—
(a) the Information Commissioner,
(b) the Investigatory Powers Commissioner,
(c) the Scottish Ministers,
(d) the Department of Justice in Northern Ireland, and
(e) such other persons as the Secretary of State considers appropriate.
(4) After preparing the code, the Secretary of State must lay it before Parliament and publish it.
(5) After the Secretary of State has complied with subsection (4), the Secretary of State may bring the code into force by regulations.
(6) After the code has come into force the Secretary of State may from time to time revise it.
(7) A person must have regard to the code of practice for the time being in force under this section in exercising, or deciding whether to exercise, the powers mentioned in subsection (1).
(8) A failure on the part of a person to act in accordance with the code does not of itself render the person liable to any criminal or civil proceedings.
(9) But the code is admissible in evidence in criminal or civil proceedings and a court may take into account a failure to act in accordance with it in determining a question in the proceedings.
(10) References in subsections (2) to (9) to the code include a revised code, subject to subsection (11).
(11) The duty to consult in subsection (3) does not apply in relation to the preparation of a revised code if the Secretary of State considers that the proposed revisions are insubstantial.
(1) The Criminal Justice and Court Services Act 2000 is amended as follows.
(2) For section 71 substitute—
Access to driver licensing information
71 (1) The Secretary of State may in accordance with this section make driver licensing information available for use by authorised persons for purposes relating to policing or law enforcement.
(2) The Secretary of State must in regulations made for the purposes of this section (“driver information regulations”) make provision about the making available of driver licensing information under this section.
(3) Driver information regulations must specify the circumstances in which information may be made available under this section.
(4) Driver information regulations may in particular make provision—
(a) specifying conditions that must be met for a person to be (or remain) authorised to receive information under this section;
(b) specifying conditions that must be met before information may be made available under this section;
(c) imposing requirements relating to the receipt and use of information made available under this section;
(d) restricting the kind of information that may be made available to, or the purposes for which information may be used by, specified descriptions of authorised persons;
(e) about the purposes for which, and the circumstances in which, information made available under this section may be further disclosed (including provision about the persons to whom it may be disclosed).
(5) Before making driver information regulations, the Secretary of State must consult—
(a) the Scottish Ministers,
(b) the Department of Justice in Northern Ireland,
(c) the National Police Chiefs’ Council,
(d) such persons as appear to the Secretary of State to represent the views of police and crime commissioners, and
(e) such other persons as the Secretary of State considers appropriate.
(6) The requirement in subsection (5) may be satisfied by consultation carried out wholly or partly before this section comes into force.
(7) The Secretary of State may not make driver information regulations in relation to Northern Ireland authorised persons without the consent of the Department of Justice in Northern Ireland.
(8) “Northern Ireland authorised persons” means authorised persons who—
(a) are under the direction and control of—
(i) the Chief Constable of the Police Service of Northern Ireland,
(ii) the Belfast Harbour Commissioners, or
(iii) Belfast International Airport Limited, or
(b) are officers of the Police Ombudsman for Northern Ireland.
(9) In this section—
“authorised person” has the meaning given in section 71A;
“driver licensing information” means any information held, in any form, by the Secretary of State for the purposes of Part 3 of the Road Traffic Act 1988.
Section 71: meaning of “authorised person”
71A (1) In section 71 “authorised person” means a person specified in the first column of the following table who is authorised by the person specified in the corresponding entry in the second column of the table to receive information under that section.
Person | Authorising officer
a constable | the person whose direction and control the constable is under
a member of civilian police staff | the person whose direction and control the member of civilian police staff is under
a police volunteer designated under section 38 of the Police Reform Act 2002 | the chief officer of police whose direction and control the police volunteer is under
a National Crime Agency officer | the Director General of the National Crime Agency
a member, or a member of the staff, of the Independent Office of Police Conduct | the Director General of the Independent Office of Police Conduct
a member of the staff of the Police Investigations and Review Commissioner | the Police Investigations and Review Commissioner
an officer of the Police Ombudsman for Northern Ireland | the Police Ombudsman for Northern Ireland
a member of a service police force, or any other person who is under the direction and control of a Provost Marshal | the relevant Provost Marshal
a person appointed as an investigating officer by, or a member of the staff of, the Service Police Complaints Commissioner | the Service Police Complaints Commissioner
Isle of Man
a member of the Isle of Man Constabulary, or an employee of the Isle of Man Public Services Commission | the Chief Constable of the Isle of Man Constabulary
an officer of customs and excise, or an immigration officer, of the Isle of Man | the Treasury Minister of the Isle of Man
a member of staff of the Financial Intelligence Unit of the Isle of Man | the Director of the Financial Intelligence Unit of the Isle of Man
Jersey
a member of the States of Jersey Police Force | the Chief Officer of the States of Jersey Police Force
a deputy Agent of the Impôts, or an officer of the Impôts, of the Bailiwick of Jersey | the Agent of the Impôts of the Bailiwick of Jersey
a member or employee of the Jersey Financial Intelligence Unit | the Director of the Jersey Financial Intelligence Unit
an employee of the Law Officers’ Department | His Majesty’s Attorney General for Jersey
Guernsey
a member of the salaried police force of the Island of Guernsey, or an employee of the States of Guernsey | the Chief Officer of the salaried police force of the Island of Guernsey
an officer of customs and excise, or an immigration officer, of the Bailiwick of Guernsey | the Chief Officer of Customs and Excise of the Bailiwick of Guernsey
a person authorised to exercise a function of the Director of the Economic and Financial Crime Bureau of the Bailiwick of Guernsey | the Director of the Economic and Financial Crime Bureau of the Bailiwick of Guernsey
a member of staff of the Financial Intelligence Unit of the Bailiwick of Guernsey | the Head of the Financial Intelligence Unit of the Bailiwick of Guernsey
Gibraltar
a member of the Royal Gibraltar Police | the Commissioner of the Royal Gibraltar Police
a member of the Gibraltar Defence Police | the Chief Officer of the Gibraltar Defence Police
a member of civilian staff in the Gibraltar Defence Police | the person whose direction and control the member of civilian staff is under
(2) In the table—
“member of civilian police staff” means a person who is not a constable but who—
is—
employed, or engaged to provide services, for the purposes of a body of constables, and
under the direction and control of a person who has the direction and control of a body of constables, or
is under the direction and control of the chief constable of the Ministry of Defence Police;
“officer”, in relation to the Police Ombudsman for Northern Ireland, means an officer of the Ombudsman within the meaning of Part 7 of the Police (Northern Ireland) Act 1998 (see section 50 of that Act);
“relevant Provost Marshal” means—
in relation to a member of a service police force—
the Provost Marshal of that service police force, or
in the case of a member of the tri-service serious crime unit described in section 375(1A) of the Armed Forces Act 2006, the Provost Marshal for serious crime;
in relation to any other person who is under the direction and control of a Provost Marshal, that Provost Marshal;
“service police force” has the same meaning as in the Armed Forces Act 2006 (see section 375(1) of that Act).
Code of practice about access to driver licensing information
71B (1) The Secretary of State may issue a code of practice about the receipt and use of information made available under section 71.
(2) The code may make different provision for different purposes or different areas.
(3) In preparing a code of practice, the Secretary of State must consult—
(a) the Scottish Ministers,
(b) the Department of Justice in Northern Ireland, and
(c) such other persons as the Secretary of State considers appropriate.
(4) The requirement in subsection (3) may be satisfied by consultation carried out wholly or partly before this section comes into force.
(5) The Secretary of State may revise a code of practice issued under this section; and subsection (3) applies in relation to revising a code as it applies in relation to preparing a code.
(6) The Secretary of State must lay before Parliament and publish any code of practice issued or revised under this section.
(7) Any person to whom information is made available under section 71 must have regard to any code of practice issued under this section.
Driver licensing information: annual report
71C (1) The Secretary of State must in relation to each calendar year prepare a report about the use of information made available under section 71.
This is subject to subsection (3) (period to which first report relates).
(2) The Secretary of State must publish each report before 1 July in the year following the year to which the report relates.
(3) The first report is to relate to the period beginning with the commencement day and ending at the end of the year in which that day falls.
(4) In subsection (3), “the commencement day” means the day on which section 181 of the Crime and Policing Act 2026 first comes into force for any purpose, other than the purposes of making regulations.
(3) In section 76 (subordinate legislation), after subsection (5) insert—
(5A) A statutory instrument containing regulations under section 71 may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
183 Testing of persons in police detention for presence of controlled drugs
(1) The Police and Criminal Evidence Act 1984 is amended as set out in subsections (2) to (4) .
(2) In section 63B (testing for presence of Class A drugs), for “Class A” (in each place it appears, including the heading) substitute “controlled”.
(3) In section 63C (testing for presence of Class A drugs: supplementary)—
(a) in the heading, for “Class A” substitute “controlled”;
(b) for subsection (6) substitute—
(6) In section 63B—
(a) “misuse” has the same meaning as in the Misuse of Drugs Act 1971;
(b) “specified controlled drug” means a controlled drug (within the meaning of the Misuse of Drugs Act 1971) specified in regulations made by the Secretary of State by statutory instrument;
(c) “trigger offence” means an offence specified in Schedule 2B.
(7) In Schedule 2B, “specified controlled drug” has the same meaning as in section 63B.
(8) The Secretary of State may by regulations made by statutory instrument amend Schedule 2B.
(9) Regulations under this section—
(a) may make different provision for different purposes or different areas, and
(b) may make transitional, transitory or saving provision.
(10) A statutory instrument containing regulations under subsection (8) (whether alone or with other provision) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
(11) Any other statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
(4) After Schedule 2A insert the Schedule set out in Schedule 20 to this Act.
(5) In Schedule 1 to the Bail Act 1976 (persons entitled to bail: supplementary provisions), in Part 1 (defendants accused or convicted of imprisonable offences), in paragraph 6B(1)(b)(i), for “Class A” substitute “controlled”.
(6) In the Criminal Justice and Court Services Act 2000—
(a) in section 70 (interpretation, etc)—
(i) in subsection (1), omit the definition of “trigger offence”;
(ii) omit subsections (2) and (4);
(b) in section 76 (subordinate legislation), in subsection (5)(a), for “, 57(5) or 70(2)” substitute “or 57(5)”;
(c) omit Schedule 6 (trigger offences).
188 Cautions given to persons having limited leave to enter or remain in UK
(1) In section 22(3G) of the Criminal Justice Act 2003 (conditional cautions: meaning of “relevant foreign offender”) before paragraph (a) insert—
(za) an offender who has limited leave to enter or remain in the United Kingdom (within the meaning of the Immigration Act 1971),
.
(2) In section 103(4) of the Police, Crime, Sentencing and Courts Act 2022 (diversionary cautions: meaning of “relevant foreign offender”) before paragraph (a) insert—
(za) an offender who has limited leave to enter or remain in the United Kingdom (within the meaning of the Immigration Act 1971),
.
(1) Schedule 21 makes provision about confiscation orders in England and Wales.
(2) Schedule 22 makes provision about confiscation orders in Northern Ireland.
(3) Schedule 23 makes provision about confiscation orders in Scotland.
190 Proceedings for civil recovery: costs and expenses
(1) After section 288 of the Proceeds of Crime Act 2002 insert—
Proceedings for civil recovery: costs and expenses
Costs orders and expenses orders
288A (1) The court may not make an order that any costs or, in Scotland, expenses of proceedings under this Chapter are payable by the enforcement authority, unless—
(a) the authority acted unreasonably in taking the proceedings, making or opposing the application to which the proceedings relate, or supporting or opposing the making of the order to which the proceedings relate,
(b) the authority acted dishonestly or improperly in the course of the proceedings, or
(c) it would be just and reasonable to make such an order, and for this purpose it is not to be assumed that it is generally just and reasonable for the unsuccessful party to pay.
(2) A reference in subsection (1) to proceedings under this Chapter includes any appeal arising out of proceedings under this Chapter.
(2) The amendment made by subsection (1) does not apply in relation to costs or, in Scotland, expenses—
(a) of proceedings for a recovery order that are started before the day on which this section comes into force (“the commencement day”), or
(b) that are incurred in respect of a pre-commencement interim application.
(3) A “pre-commencement interim application” means an application, made by the enforcement authority before the commencement day, for a property freezing order, an interim receiving order, a prohibitory property order or an interim administration order (including such an application made in relation to proceedings for a recovery order that are started on or after the commencement day).
(4) Terms used in this section and in Chapter 2 of Part 5 of the Proceeds of Crime Act 2002 have the same meaning in this section as they have in that Chapter (see section 316 of that Act).
191 Extension of polygraph condition to certain offenders
(1) Section 28 of the Offender Management Act 2007 (application of polygraph condition) is amended as follows.
(2) In subsection (1), after “applies” insert “(see subsections (2), (2A) and (2B))”.
(3) After subsection (2) insert—
(2A) This section also applies to a person serving a relevant custodial sentence in respect of an offence of murder who—
(a) the Secretary of State considers poses a risk of committing a relevant sexual offence on release,
(b) is released on licence by the Secretary of State under any enactment, and
(c) is aged 18 or over on the day the person is released.
(2B) This section also applies to a person serving a relevant custodial sentence in respect of an offence who—
(a) at any earlier time during that sentence was concurrently serving a relevant custodial sentence in respect of a relevant sexual offence,
(b) is released on licence by the Secretary of State under any enactment, and
(c) is aged 18 or over on the day the person is released.
(4) In subsection (4A)—
(a) omit the “or” before paragraph (c);
(b) at the end of that paragraph insert
, or
(d) an offence within any of subsections (4BA) to (4BC) which the Secretary of State is satisfied—
(i) was, or took place in the course of, an act of terrorism, or
(ii) was committed for the purposes of terrorism.
(5) In subsection (4B), after paragraph (b) insert—
(c) in paragraph (d) “terrorism” has the same meaning as in the Terrorism Act 2000 (see section 1 of that Act).
(6) After subsection (4B) insert—
(4BA) An offence is within this subsection if—
(a) it was committed before 18 June 2009,
(b) it was punishable with imprisonment for more than 2 years, and
(c) it is not specified in Schedule A1 to the Sentencing Code (and, in the case of a service offence, the corresponding offence is not so specified).
(4BB) An offence is within this subsection if—
(a) it was committed on or after 18 June 2009 but before 29 June 2021,
(b) it was punishable with imprisonment for more than 2 years,
(c) it is not specified in Schedule A1 to the Sentencing Code,
(d) it was not an offence in relation to which section 30 or 31 of the Counter-Terrorism Act 2008 or section 69 of the Sentencing Code applied (and was not an offence in relation to which section 31 of the Counter-Terrorism Act 2008 would have applied if paragraph (b) of subsection (1) of that section were omitted), and
(e) it is not a service offence.
(4BC) An offence is within this subsection if—
(a) it is a service offence,
(b) it was committed on or after 18 June 2009 but before any day specified for the coming into force of section 1 of the Counter-Terrorism and Sentencing Act 2021 for the purposes of section 69 of the Sentencing Code as applied by section 238 of the Armed Forces Act 2006,
(c) it was punishable with imprisonment for more than 2 years,
(d) it was not an offence in relation to which section 32 of the Counter-Terrorism Act 2008 or section 69 of the Sentencing Code applied, and
(e) the corresponding offence is not specified in Schedule A1 to the Sentencing Code.
(7) In subsection (4C) after “section” insert “(except subsections (4BA) to (4BC))”.
(8) In subsection (4D) for “subsection (4C)” substitute “subsections (4BA) to (4C)”.
(1) The Sentencing Code is amended as follows.
(2) After section 97 insert—
Duty of offender to notify details to panel
97A (1) This section applies where—
(a) a referral order has been made in relation to an offender and has not been revoked or discharged, and
(b) a youth offender contract has taken effect between the offender and a youth offender panel.
(2) The offender must notify the relevant member of the panel of—
(a) each name which the offender uses but which was not mentioned in the referral order, and
(b) each of the offender’s telephone numbers and email addresses (if any).
(3) The offender must comply with subsection (2) in relation to a name, telephone number or email address as soon as reasonably practicable after the contract takes effect or the person first uses that name or obtains that telephone number or email address.
(4) An obligation under subsection (2) takes effect as if it were a term of the youth offender contract.
(5) The “relevant member” of the panel is the member of the panel who, in accordance with arrangements made by the panel, is for the time being responsible for receiving notifications under this section.
(6) The relevant member of the panel must be someone who is also a member of the specified youth offending team.
(7) The panel must give the offender written notification of the name and contact details of the relevant member of the panel.
(8) This section applies in relation to referral orders made before (as well as those made after) this section comes into force.
(3) In section 193 (youth rehabilitation orders: duty of offender to keep in touch with responsible officer etc)—
(a) in subsection (2), for paragraph (b) substitute—
(b) must notify the responsible officer of—
(i) any name which the offender uses but which is not mentioned in the youth rehabilitation order,
(ii) each of the offender’s telephone numbers and email addresses (if any), and
(iii) any change of address.
;
(b) after subsection (2) insert—
(2A) The offender must comply with subsection (2)(b)(i) and (ii) in relation to a name, telephone number or email address as soon as reasonably practicable after the order is made or the person first uses that name or obtains that telephone number or email address.
;
(c) in subsection (3), for “This obligation” substitute “An obligation under subsection (2)”;
(d) after that subsection insert—
(4) This section applies in relation to youth rehabilitation orders made before (as well as those made after) section 192 of the Crime and Policing Act 2026 comes into force.
(4) In section 215 (community orders: duty of offender to keep in touch with responsible officer)—
(a) in the heading, at the end insert “etc”;
(b) for subsection (2) substitute—
(2) In the case of any community order (whenever the offender was convicted), the offender—
(a) must keep in touch with the responsible officer in accordance with any instructions the responsible officer may give the offender from time to time, and
(b) must notify the responsible officer of—
(i) any name which the offender uses but which is not mentioned in the community order, and
(ii) each of the offender’s telephone numbers and email addresses (if any).
(2ZA) The offender must comply with subsection (2)(b) in relation to a name, telephone number or email address as soon as reasonably practicable after the order is made or the person first uses that name or obtains that telephone number or email address.
;
(c) in subsection (3) for “This obligation” substitute “An obligation under this section”;
(d) after that subsection insert—
(4) The obligations under subsection (2) apply in relation to community orders made before (as well as those made after) section 192 of the Crime and Policing Act 2026 comes into force.
(5) In section 301 (suspended sentence orders: duty of offender to keep in touch with responsible officer)—
(a) in the heading at the end insert “etc”;
(b) for subsection (2) substitute—
(2) In the case of any suspended sentence order (whenever the offender was convicted) the offender—
(a) must keep in touch with the responsible officer in accordance with such instructions as the responsible officer may give the offender from time to time, and
(b) must notify the responsible officer of—
(i) any name which the offender uses but which is not mentioned in the suspended sentence order, and
(ii) each of the offender’s telephone numbers and email addresses (if any).
(2ZA) The offender must comply with subsection (2)(b) in relation to a name, telephone number or email address as soon as reasonably practicable after the order is made or the person first uses that name or obtains that telephone number or email address.
;
(c) in subsection (3) for “That obligation” substitute “An obligation under this section”;
(d) after that subsection insert—
(4) The obligations under subsection (2) apply in relation to suspended sentence orders made before (as well as those made after) section 192 of the Crime and Policing Act 2026 comes into force.
(6) In consequence of the amendments made by this section, in section 149 of the Police, Crime, Sentencing and Courts Act 2022 omit subsections (2)(d) and (3)(d).
193 Notification requirements for child cruelty offenders
(1) The Secretary of State may by regulations require child cruelty offenders to notify specified matters to the police.
(2) “Child cruelty offender” means a person who, in England and Wales—
(a) is convicted of a child cruelty offence,
(b) is found not guilty of a child cruelty offence by reason of insanity,
(c) is found to be under a disability and to have done the act charged against the person in respect of a child cruelty offence, or
(d) is cautioned in respect of a child cruelty offence after the person has admitted the offence,
on or after the day on which the regulations come into force.
(3) A “child cruelty offence” means an offence listed in Schedule 24.
(4) The regulations may in particular make provision—
(a) about the period for which a child cruelty offender is subject to notification requirements (which may be an indefinite period);
(b) about the occasions on which, or intervals at which, a child cruelty offender is required to give notifications;
(c) about the time limits for giving a notification;
(d) about how notifications are to be given to the police (which may include provision for notifications to be given to persons authorised by the police in accordance with the regulations);
(e) requiring a child cruelty offender to allow photographs and fingerprints to be taken for the purposes of verifying the offender’s identity;
(f) requiring or authorising a person with parental responsibility for a child cruelty offender to give notifications, where the offender is under 18;
(g) for specified notification requirements to apply to a child cruelty offender only if the offender has been given notice by a police officer, in accordance with the regulations, that those requirements apply;
(h) for reviews of whether a child cruelty offender should remain subject to notification requirements, or to specified notification requirements;
(i) for a child cruelty offender to cease to be subject to notification requirements, or to specified notification requirements, following a review.
(5) If the regulations make provision for a child cruelty offender to be subject to notification requirements for an indefinite period, they must make provision under which the child cruelty offender may cease to be subject to the notification requirements following a review.
(6) The matters which may be specified in the regulations as matters which must be notified include, in particular, any matter a relevant offender is required to notify to the police by or under Part 2 of the Sexual Offences Act 2003 (as it has effect in England and Wales).
(7) Before making regulations under this section the Secretary of State must consult—
(a) the National Police Chiefs’ Council, and
(b) any other persons the Secretary of State considers appropriate.
(8) In this section—
“notification requirements” means requirements imposed by the regulations;
“specified” means specified in the regulations.
194 Notification requirements for child cruelty offenders: enforcement
(1) Regulations under section 193 may provide for a person to commit an offence if, without reasonable excuse, they—
(a) fail to comply with a specified notification requirement, or
(b) in purported compliance with a specified notification requirement, notify information that they know to be false.
(2) The maximum penalty specified for an offence must not exceed (but may be less than)—
(a) on summary conviction, imprisonment for a term of the general limit in a magistrates’ court or a fine (or both);
(b) on conviction on indictment, imprisonment for a term of 5 years or a fine (or both).
(3) Regulations under section 193 may confer on a constable power to enter and search relevant premises.
(4) The regulations must provide for the power to be exercisable only—
(a) under the authority of a warrant issued by a justice of the peace (which may authorise the use of reasonable force),
(b) where it is necessary for a constable to enter and search the premises for the purpose of assessing the risks posed by a child cruelty offender who is subject to notification requirements, and
(c) where a constable has sought, and been unable to obtain, entry to the premises for that purpose on at least two occasions.
(5) Premises are “relevant premises” if there are reasonable grounds to believe (because of a notification given under the regulations or otherwise) that the child cruelty offender resides, or may regularly be found, at the premises.
(6) In this section—
“notification requirements” means requirements imposed by regulations under section 193;
“specified” means specified in the regulations.
195 Notification requirements for child cruelty offenders: power to amend Schedule 24
(1) The Secretary of State may by regulations amend—
(a) Schedule 24 (child cruelty offences);
(b) section 196 for the purposes of that Schedule.
(2) Regulations under subsection (1) may add an offence to Schedule 24 only if—
(a) the Secretary of State considers it appropriate to do so, having regard to the nature and seriousness of the harm that may be caused to persons under 18 by conduct constituting the offence, and
(b) the offence is not listed in Schedule 3 to the Sexual Offences Act 2003 (offences to which Part 2 of that Act applies) (disregarding for this purpose any condition subject to which an offence is listed in that Schedule).
(3) Where an offence is capable of being committed against a person aged 18 or over, an amendment adding it to Schedule 24 must include a condition that the victim was under 18.
(4) An amendment of Schedule 24 or section 196 within subsection (5) does not apply to convictions, findings and cautions before the amendment takes effect.
(5) An amendment is within this subsection if it—
(a) adds an offence,
(b) removes a condition relating to an offence, or
(c) changes a condition in such a way as to cause an offence committed by or against a person of a particular age in certain circumstances, or resulting in a particular disposal, to be within the Schedule when it would not otherwise be.
(6) Before making regulations under this section the Secretary of State must consult—
(a) the National Police Chiefs’ Council, and
(b) any other persons the Secretary of State considers appropriate.
196 Notification requirements for child cruelty offenders: interpretation
(1) In section 193(2), a reference to a conviction includes a reference to a finding of a magistrates’ court, where the court makes an order under section 37(3) of the Mental Health Act 1983, that the accused did the act charged.
(2) The following provisions do not apply for the purposes of section 193(2)—
(a) section 82(2) of the Sentencing Code, and
(b) section 187(1) of the Armed Forces Act 2006,
(conviction with absolute or conditional discharge deemed not to be a conviction).
(3) A reference in Schedule 24 to an offence (“offence A”) includes—
(a) an attempt or conspiracy to commit offence A;
(b) an offence under Part 2 of the Serious Crime Act 2007 (encouraging or assisting crime) in relation to which offence A is the offence (or one of the offences) which the person believed would be committed;
(c) aiding, abetting, counselling or procuring the commission of offence A.
(4) References in Schedule 24 to a person’s age are to the person’s age at the time of the offence.
(5) References in Schedule 24 to imprisonment include—
(a) a period of detention which a person is liable to serve under a detention and training order;
(b) a sentence of detention in a young offender institution;
(c) a sentence of detention under section 250 of the Sentencing Code or section 209 of the Armed Forces Act 2006;
(d) a sentence of custody for life under section 272 of the Sentencing Code (including one passed as a result of section 210A of the Armed Forces Act 2006);
(e) an extended sentence under section 254 of the Sentencing Code (including one passed as a result of section 221A of the Armed Forces Act 2006).
197 Accelerated investigation procedure in respect of criminal conduct
(1) In paragraph 20 of Schedule 3 to the Police Reform Act 2002 (restrictions on proceedings pending the conclusion of an investigation), in sub-paragraph (1), before paragraph (a) insert—
(za) a determination under paragraph 20ZA has been made in respect of the investigation,
.
(2) After paragraph 20 of that Schedule, insert—
Accelerated procedure in special cases: criminal conduct
20ZA (1) At any time before the completion of an investigation of a complaint or recordable conduct matter by the appropriate authority on its own behalf, the appropriate authority may make a determination that the conditions set out in sub-paragraphs (3) and (4) are satisfied in respect of the investigation.
(2) At any time before the completion of an investigation of a complaint or recordable conduct matter by—
(a) the appropriate authority under the direction of the Director General, or
(b) the Director General,
the Director General may make a determination that the conditions set out in sub-paragraphs (3) and (4) are satisfied in respect of the investigation.
(3) The first condition is that the investigation indicates that there is sufficient evidence to provide a realistic prospect of conviction for a criminal offence against a person (if any) to whose conduct the investigation relates.
(4) The second condition is that—
(a) the circumstances are such that, in the opinion of the appropriate authority (if sub-paragraph (1) applies) or the Director General (if sub-paragraph (2) applies), it is appropriate for the matters which are the subject of the investigation to be considered by the Director of Public Prosecutions, or
(b) any matters dealt with by the investigation fall within a prescribed category of matters.
(5) For the purposes of sub-paragraph (4)(a), the circumstances where the appropriate authority or the Director General may form the opinion that it is not appropriate for the matters which are the subject of the investigation to be considered by the Director of Public Prosecutions include circumstances where, in the opinion of the appropriate authority or (as the case may be) Director General, it is not in the public interest for the matters which are the subject of the investigation to be considered by the Director of Public Prosecutions.
(6) In determining whether the conditions in sub-paragraphs (3) and (4) are satisfied in respect of an investigation, the appropriate authority or the Director General must have regard to the Code for Crown Prosecutors issued under section 10 of the Prosecution of Offences Act 1985 (insofar as the appropriate authority or, as the case may be, Director General considers it relevant).
(7) If the appropriate authority or the Director General makes a determination under sub-paragraph (1) or (2) that the conditions in sub-paragraphs (3) and (4) are satisfied in respect of an investigation, they must give notice of their determination to—
(a) the person to whose conduct the investigation relates,
(b) where the investigation is of a complaint, the complainant and every person entitled to be kept properly informed in relation to the complaint under section 21,
(c) where the investigation is of a recordable conduct matter, every person entitled to be kept properly informed in relation that matter under section 21, and
(d) where the determination is made by the Director General, the appropriate authority.
(3) For the italic heading before paragraph 20A of that Schedule substitute—
Accelerated procedure in special cases: gross misconduct
(4) The amendments made by this section do not apply in respect of an investigation relating to a matter if, before the day on which this section comes into force—
(a) a complaint was made in respect of the matter, or
(b) the matter came to the attention of the appropriate authority or the Director General.
Here, “the appropriate authority” and “the Director General” have the meaning given by section 29 of the Police Reform Act 2002.
198 Conditions for notification of Director of Public Prosecutions of investigation report
(1) In paragraph 23 of Schedule 3 to the Police Reform Act 2002 (action by the Director General of the IOPC in response to an investigation report under paragraph 22 of that Schedule)—
(a) for sub-paragraph (2A) substitute—
(2A) The first condition is that the report indicates that there is sufficient evidence to provide a realistic prospect of conviction for a criminal offence against a person (if any) to whose conduct the investigation related.
;
(b) after paragraph (2B) insert—
(2C) For the purpose of sub-paragraph (2B)(a), the circumstances where the Director General may form the opinion that it is not appropriate for the matters dealt with in the report to be considered by the Director of Public Prosecutions include circumstances where, in the opinion of the Director General, it is not in the public interest for the matters dealt with in the report to be considered by the Director of Public Prosecutions.
(2D) In determining whether the conditions set out in sub-paragraphs (2A) and (2B) are satisfied in respect of the report, the Director General must have regard to the Code for Crown Prosecutors issued under section 10 of the Prosecution of Offences Act 1985 (insofar as the Director General considers it to be relevant).
(2) In paragraph 24 of that Schedule (action by appropriate authority in response to an investigation report under paragraph 22 of that Schedule)—
(a) for sub-paragraph (2A) substitute—
(2A) The first condition is that the report indicates that there is sufficient evidence to provide a realistic prospect of conviction for a criminal offence against a person (if any) to whose conduct the investigation related.
;
(b) after sub-paragraph (2B) insert—
(2C) For the purpose of sub-paragraph (2B)(a), the circumstances where the appropriate authority may form the opinion that it is not appropriate for the matters dealt with in the report to be considered by the Director of Public Prosecutions include circumstances where, in the opinion of the appropriate authority, it is not in the public interest for the matters dealt with in the report to be considered by the Director of Public Prosecutions.
(2D) In determining whether the conditions set out in sub-paragraphs (2A) and (2B) are satisfied in respect of the report, the appropriate authority must have regard to the Code for Crown Prosecutors issued under section 10 of the Prosecution of Offences Act 1985 (insofar as the appropriate authority considers it to be relevant).
(3) In paragraph 25 of that Schedule (reviews with respect to an investigation)—
(a) in sub-paragraph (4F), for “a criminal offence may have been committed by” substitute “there is sufficient evidence to provide a realistic prospect of conviction for a criminal offence against”;
(b) after sub-paragraph (4F) insert—
(4FA) For the purposes of sub-paragraph (4F)(a), the circumstances where the relevant review body may form the opinion that it is not appropriate for the matters dealt with in the report to be considered by the Director of Public Prosecutions include circumstances where, in the opinion of the relevant review body, it is not in the public interest for the matters dealt with in the report to be considered by the Director of Public Prosecutions.
(4FB) In making a determination under sub-paragraph (4F), the relevant review body must have regard to the Code for Crown Prosecutors issued under section 10 of the Prosecution of Offences Act 1985 (insofar as the relevant review body considers it to be relevant).
(4) The amendments made by this section do not apply in respect of an investigation relating to a matter (or a report on, or a review relating to, such an investigation) if, before the day on which this section comes into force—
(a) a complaint was made in respect of the matter, or
(b) the matter came to the attention of the appropriate authority or the Director General.
Here, “the appropriate authority” and “the Director General” have the meaning given by section 29 of the Police Reform Act 2002.
199 Duty of IOPC Director General to give victims right to request review
After paragraph 23 of Schedule 3 to the Police Reform Act 2002 insert—
23A (1) This paragraph applies where—
(a) the Director General proposes to make a determination under paragraph 23(2)(b) that one or both of the conditions set out in paragraph 23(2A) and (2B) are not satisfied in respect of a report, and
(b) during the course of the investigation to which the report relates, a person (if any) to whose conduct the report relates was informed that the investigation was being treated as concerning conduct in respect of which the person may be prosecuted for a criminal offence.
(2) The Director General must—
(a) take such steps as the Director General considers reasonable to give to every relevant victim (or a person acting on such a victim’s behalf) the opportunity to request, within the relevant period, that the Director General reviews their proposed determination, and
(b) if such a request is made within the relevant period, so review their proposed determination before making a determination under paragraph 23(2)(b).
(3) In this paragraph—
“the relevant period” means the period that the Director General considers to give a relevant victim a reasonable opportunity to request that the Director General reviews their proposed determination;
“relevant victim” means a person—
whom the Director General treats as a victim in relation to an alleged criminal offence constituted by conduct—
of the person mentioned in sub-paragraph (1)(b), and
to which the report relates, and
to whom the Director General considers it appropriate to give the opportunity mentioned in sub-paragraph (2)(a).
200 Anonymity for authorised firearms officers charged with qualifying offences
(1) This section applies where in criminal proceedings in a court in England and Wales, or in proceedings (anywhere) before a service court, a person (“D”) is charged with a qualifying offence.
(2) An offence is a “qualifying offence” if—
(a) it is alleged to have been committed by D acting in the exercise of functions as an authorised firearms officer,
(b) the conduct alleged to constitute the offence involved the use by D of a lethal barrelled weapon to discharge a conventional round, and
(c) D was, at the time of the alleged offence, authorised by the relevant authority to use that weapon with that round.
(3) The court must—
(a) cause the following information to be withheld from the public in proceedings before the court, in each case unless satisfied that it would be contrary to the interests of justice to do so—
(i) D’s name;
(ii) D’s address;
(iii) D’s date of birth;
(b) give a reporting direction (see section 202) in respect of D (if one does not already have effect), unless satisfied that it would be contrary to the interests of justice to do so.
(4) The court may, if satisfied that it is necessary in the interests of justice to do so, make an anonymity order (see section 203) in respect of D.
(5) If D is convicted of the offence—
(a) subsections (3) and (4) cease to apply in respect of D, and
(b) any restriction put in place under subsection (3)(a) and any reporting direction given, or anonymity order made, under this section in respect of D cease to have effect at the time D is sentenced for the offence.
(6) In subsection (2), “authorised firearms officer” means—
(a) a member of a relevant police force who is authorised by the relevant chief officer to use a lethal barrelled weapon with a conventional round in the exercise of functions as a constable,
(b) a National Crime Agency officer who is authorised by the Director General of the National Crime Agency to use a lethal barrelled weapon with a conventional round in the exercise of functions as a National Crime Agency officer,
(c) a member of the Police Service of Scotland or the Police Service of Northern Ireland who—
(i) is provided under section 98 of the Police Act 1996 for the assistance of a police force in England and Wales, and
(ii) is authorised by the relevant authority to use a lethal barrelled weapon with a conventional round in the exercise of functions as a constable, or
(d) a member of the armed forces who—
(i) is deployed in support of a relevant police force or the National Crime Agency, and
(ii) is authorised by the Secretary of State to use a lethal barrelled weapon with a conventional round for the purposes of that deployment.
(7) In this section—
“conventional round” means any shot, bullet or other missile, other than one designed to be used without its use giving rise to a substantial risk of causing death or serious injury;
“lethal barrelled weapon” has the meaning given by section 57(1B) of the Firearms Act 1968;
“member of the armed forces” means a person who is subject to service law (see section 367 of the Armed Forces Act 2006);
“relevant authority” means—
in relation to a member of a relevant police force, the relevant chief officer;
in relation to a National Crime Agency officer, the Director General of the National Crime Agency;
in relation to a member of the Police Service of Scotland, the Chief Constable of the Police Service of Scotland;
in relation to a member of the Police Service of Northern Ireland, the Chief Constable of the Police Service of Northern Ireland;
in relation to a member of the armed forces, the Secretary of State;
“relevant chief officer” means—
in relation to a police force in England and Wales, the chief officer of police of that police force;
in relation to the British Transport Police Force, the Chief Constable of the British Transport Police Force;
in relation to the Ministry of Defence Police, the Chief Constable of the Ministry of Defence Police;
in relation to the Civil Nuclear Constabulary, the Chief Constable of the Civil Nuclear Constabulary;
“relevant police force” means—
a police force in England and Wales,
the British Transport Police Force,
the Ministry of Defence Police, or
the Civil Nuclear Constabulary;
“service court” means—
the Court Martial, or
the Court Martial Appeal Court.
(8) This section does not apply in relation to proceedings begun before the coming into force of this section.
201 Anonymity for authorised firearms officers appealing convictions for qualifying offences
(1) This section applies where a person (“D”) is convicted of a qualifying offence in proceedings in a court in England and Wales, or proceedings (anywhere) before a service court.
(2) The court by or before which D is convicted may, if satisfied that it is necessary in the interests of justice to do so—
(a) cause any or all of the information mentioned in section 200(3)(a)(i) to (iii) to be withheld from the public in proceedings before the court;
(b) give a reporting direction in respect of D (see section 202);
(c) make an anonymity order in respect of D (see section 203).
(3) Any reporting direction given, or anonymity order made, under subsection (2) ceases to have effect at the end of the appeal period unless, before the end of that period, D brings an appeal against the conviction.
(4) Where, before the end of the appeal period, D brings an appeal against the conviction, the court dealing with the appeal may, if satisfied that it is necessary in the interests of justice to do so—
(a) cause any or all of the information mentioned in section 200(3)(a)(i) to (iii) to be withheld from the public in proceedings before the court;
(b) give a reporting direction in respect of D;
(c) make an anonymity order in respect of D.
(5) The court dealing with the appeal must at the earliest opportunity determine the issue of whether to exercise any or all of the powers under subsection (4).
(6) Any reporting direction given, or anonymity order made, under subsection (2) ceases to have effect upon the making of the determination mentioned in subsection (5) (whether or not the court dealing with the appeal gives a direction or makes an order).
(7) Any reporting direction given, or anonymity order made, under subsection (4) ceases to have effect if the appeal against conviction is abandoned or dismissed.
(8) In this section—
“appeal period” in relation to a person convicted of a qualifying offence, means the period allowed for bringing an appeal against that conviction, disregarding the possibility of an appeal out of time with permission;
“qualifying offence” has the meaning given by section 200(2).
(9) This section does not apply where the proceedings in which D was convicted were begun before the coming into force of section 200.
(1) A reporting direction, in relation to a person (“D”) charged with (or convicted of) a qualifying offence, is a direction that no matter relating to D may be included in any publication if it is likely to lead members of the public to identify D as a person who is, or was, alleged to have committed (or who has been convicted of) the offence.
(2) The matters relating to D in relation to which the restrictions imposed by a reporting direction apply (if their inclusion in any publication is likely to have the result mentioned in subsection (1)) include in particular—
(a) D’s name,
(b) D’s address,
(c) the identity of any place at which D works, and
(d) any still or moving image of D.
(3) A relevant court may by direction (“an excepting direction”) dispense, to any extent specified in the excepting direction, with the restrictions imposed by a reporting direction if satisfied that it is necessary in the interests of justice to do so.
(4) An excepting direction—
(a) may be given at the time the reporting direction is given or subsequently;
(b) may be varied or revoked by a relevant court.
(5) A reporting direction has effect—
(a) for a fixed period specified in the direction, or
(b) indefinitely,
but this is subject to subsection (5)(b) of section 200 and subsections (3), (6) and (7) of section 201.
(6) A reporting direction may be revoked if a relevant court is satisfied that it is necessary in the interests of justice to do so.
(7) In this section—
“publication” has the same meaning as in Part 2 of the Youth Justice and Criminal Evidence Act 1999 (see section 63 of that Act);
“qualifying offence” has the meaning given by section 200(2);
“relevant court”, in relation to a reporting direction, means—
the court that gave the direction,
the court (if different) that is currently dealing, or that last dealt, with the proceedings in which the direction was given, or
any court dealing with an appeal (including an appeal by way of case stated) arising out of the proceedings in which the direction was given or with any further appeal.